Ask a lawyer:
vie as mca and mp requirements law
Introduction
In Kenya, the requirements for vying for the positions of Member of County Assembly (MCA) and Member of Parliament (MP) are stipulated in various legal documents, including the Constitution of Kenya, the Elections Act, and other relevant statutes. This response will outline the legal requirements for both positions, providing a comprehensive guide for potential candidates.
Table of Contents
Legal Framework
1.1 Constitution of Kenya
1.2 Elections Act
1.3 Leadership and Integrity Act
Requirements for Member of County Assembly (MCA)
2.1 Constitutional Requirements
2.2 Elections Act Requirements
2.3 Leadership and Integrity Act Requirements
Requirements for Member of Parliament (MP)
3.1 Constitutional Requirements
3.2 Elections Act Requirements
3.3 Leadership and Integrity Act Requirements
Conclusion
1. Legal Framework
1.1 Constitution of Kenya
Article 99: Qualifications and disqualifications for election as a Member of Parliament.
Article 193: Qualifications and disqualifications for election as a Member of a County Assembly.
1.2 Elections Act
Section 22: Qualifications for nomination of candidates.
Section 24: Disqualifications for nomination of candidates.
1.3 Leadership and Integrity Act
Section 13: General Leadership and Integrity Code.
Section 25: Specific requirements for state officers.
2. Requirements for Member of County Assembly (MCA)
2.1 Constitutional Requirements
Article 193 of the Constitution of Kenya outlines the qualifications and disqualifications for election as a Member of a County Assembly:
Qualifications:
Must be a registered voter.
Must satisfy any educational, moral, and ethical requirements prescribed by the Constitution or an Act of Parliament.
Must be either:
Nominated by a political party, or
An independent candidate supported by at least 500 registered voters in the ward concerned.
Disqualifications:
Is a state officer or other public officer, other than a member of the county assembly.
Has, at any time within the five years immediately preceding the date of election, held office as a member of the Independent Electoral and Boundaries Commission.
Has not been a citizen of Kenya for at least ten years immediately preceding the date of election.
Is of unsound mind.
Is an undischarged bankrupt.
Is serving a sentence of imprisonment of at least six months.
Has been found, in accordance with any law, to have misused or abused a state office or public office or to have contravened Chapter Six of the Constitution.
2.2 Elections Act Requirements
Section 22 of the Elections Act specifies additional qualifications for nomination:
Must have been a Kenyan citizen for at least ten years.
Must be a registered voter.
Must satisfy any educational, moral, and ethical requirements prescribed by the Constitution or an Act of Parliament.
Must be nominated by a political party or be an independent candidate.
Section 24 of the Elections Act outlines disqualifications:
Is a state officer or other public officer, other than a member of the county assembly.
Has, at any time within the five years immediately preceding the date of election, held office as a member of the Independent Electoral and Boundaries Commission.
Has not been a citizen of Kenya for at least ten years immediately preceding the date of election.
Is of unsound mind.
Is an undischarged bankrupt.
Is serving a sentence of imprisonment of at least six months.
Has been found, in accordance with any law, to have misused or abused a state office or public office or to have contravened Chapter Six of the Constitution.
2.3 Leadership and Integrity Act Requirements
Section 13 of the Leadership and Integrity Act requires that all state officers, including MCAs, adhere to the general Leadership and Integrity Code, which includes:
Honesty in the execution of public duties.
Accountability to the public for decisions and actions.
Discipline and commitment in service to the people.
Section 25 of the Leadership and Integrity Act specifies additional requirements for state officers:
Must not have been dismissed or otherwise removed from office for contravening the provisions of the Constitution or any other law.
Must not have been convicted of an offense and sentenced to imprisonment for a period of at least six months.
3. Requirements for Member of Parliament (MP)
3.1 Constitutional Requirements
Article 99 of the Constitution of Kenya outlines the qualifications and disqualifications for election as a Member of Parliament:
Qualifications:
Must be a registered voter.
Must satisfy any educational, moral, and ethical requirements prescribed by the Constitution or an Act of Parliament.
Must be either:
Nominated by a political party, or
An independent candidate supported by at least 1,000 registered voters in the constituency concerned.
Disqualifications:
Is a state officer or other public officer, other than a member of Parliament.
Has, at any time within the five years immediately preceding the date of election, held office as a member of the Independent Electoral and Boundaries Commission.
Has not been a citizen of Kenya for at least ten years immediately preceding the date of election.
Is of unsound mind.
Is an undischarged bankrupt.
Is serving a sentence of imprisonment of at least six months.
Has been found, in accordance with any law, to have misused or abused a state office or public office or to have contravened Chapter Six of the Constitution.
3.2 Elections Act Requirements
Section 22 of the Elections Act specifies additional qualifications for nomination:
Must have been a Kenyan citizen for at least ten years.
Must be a registered voter.
Must satisfy any educational, moral, and ethical requirements prescribed by the Constitution or an Act of Parliament.
Must be nominated by a political party or be an independent candidate.
Section 24 of the Elections Act outlines disqualifications:
Is a state officer or other public officer, other than a member of Parliament.
Has, at any time within the five years immediately preceding the date of election, held office as a member of the Independent Electoral and Boundaries Commission.
Has not been a citizen of Kenya for at least ten years immediately preceding the date of election.
Is of unsound mind.
Is an undischarged bankrupt.
Is serving a sentence of imprisonment of at least six months.
Has been found, in accordance with any law, to have misused or abused a state office or public office or to have contravened Chapter Six of the Constitution.
3.3 Leadership and Integrity Act Requirements
Section 13 of the Leadership and Integrity Act requires that all state officers, including MPs, adhere to the general Leadership and Integrity Code, which includes:
Honesty in the execution of public duties.
Accountability to the public for decisions and actions.
Discipline and commitment in service to the people.
Section 25 of the Leadership and Integrity Act specifies additional requirements for state officers:
Must not have been dismissed or otherwise removed from office for contravening the provisions of the Constitution or any other law.
Must not have been convicted of an offense and sentenced to imprisonment for a period of at least six months.
Conclusion
The requirements for vying for the positions of Member of County Assembly (MCA) and Member of Parliament (MP) in Kenya are clearly outlined in the Constitution of Kenya, the Elections Act, and the Leadership and Integrity Act. These requirements ensure that candidates meet specific educational, moral, and ethical standards, and are free from any legal disqualifications. By adhering to these legal stipulations, Kenya aims to maintain a high standard of leadership and integrity within its political framework.
Answered by mwakili.com